Why Prostitution should be Legalized and Regulated in India?

Introduction

Prostitution, the oldest profession on earth is not something which the Indian society today looks up to. In the realms of history we have had prostitutes who enjoyed celebrity hood. The law, indignantly, is bent oncurbing the profession but has been unsuccessful so far. The truth that the elimination of prostitution is not possible was even recognized by the Supreme Court of India in month of December, 2009. The court had also pointed out that nowhere else in the world prostitution is dealt with by punitive measures. The laws governing prostitution in our country are proving to be detrimental to the interest of women instead of relieving them from the clutches of traffickers, middlemen, local police, brothel owners etc.

The only way to guarantee a better life to prostitutes is legalization and regularization of the industry. Though there is denial of the fact that such progressive step is not a cake walk for the government considering the traditional mindset and moral benchmarks of Indian society. But keeping in mind the higher interest, and to avoid the undesirable consequences, government has to initiate such a regulation with a stance that prostitution is not morally heinous and it cannot be abolished

Tracing the History

In the ancient time there was a practice of having Nagarvadhu meaning bride of the city/town (An example being the very famous nagarvadhu ‘Amrapali’ from the city of Vaishali ). Also, there were Devdasis (the ‘slave of the deity’); they can be better understood as temple prostitutes.

During 16th and the 17th centuries Goa (the then Portuguese colony in India) had a considerable number of young Japanese women captured as sex slaves by Portuguese traders.

During 18th and early 19th Centuries (During the rule of East India Company) it was a common practice among British and Indian soldiers to visit ‘Nautch’ (Nach) Dancers.

During the late 19th and early 20th centuries thousands of white women from continental Europe were trafficked to India for purposes of prostitution to serve the British and the local Indian men (According to a paper published in the ‘Indian Economic and Social History Review’).

Present legal status of Prostitution in India

The Law governing prostitution in India is Immoral Traffic (Prevention) Act which is a 1986 amendment to the primary law passed in 1950 {known as the Immoral Traffic (Suppression) Act}. The law does not criminalize prostitution per se but only organized form of prostitution is against the law. If a woman uses attributes of her body voluntarily and individually she goes unpunished. But the law prohibits/criminalize-

We can conclude that if a prostitute works for self and uses her own premises for entertaining clients she is conducting herself lawfully! But then why do we often see video footage on T.V. where a sex worker and her client are being herded into the police jeep? Here comes the shady picture of police who might not book the sex worker and her client under the above mentioned act, they do it under provisions like public indecency, public nuisance etc. of the Indian Penal Code. Male prostitution is not recognized in the law though it is quite prevalent.

Reasons for legalisation and regulation of Prostitution-

HIV/AIDS among prostitutes has emerged as a huge cause of concern. According to a WHO report of 2001, it is estimated that 50% of prostitutes in Mumbai (the city being hub to the largest number of prostitutes in the country) are HIV positive! They contract the virus from their infected customers and in all probability communicate it to other healthy customers. One can easily imagine the havoc unregulated prostitution can cause! If legalized and regulated, awareness programs teaching the prostitutes the importance of protected sex and frequent health checkups can be organized.

Legalizing prostitution shall be a primary channel to vent out the sexual energies of men who otherwise content themselves by means of rape and other sexual violations of women in their vicinity.

Regulated prostitution shall put a check upon the brutal trafficking of girls where they are trafficked without their consent and are forced to serve the clients. They are compelled to survive in poor living conditions and even basic and essential rights such as right to education, right to freedom, right to form association, right against exploitation etc. are denied to them. Legalization shall mean access to these rights.

In India a prostitute is shunned, excommunicated and looked down upon with contempt by the society. She never really gets a chance to join the mainstream and live with dignity. Human rights are supposed to bring every human being dignity, but women who trade their bodies are far from enjoying a dignified life. If the government legalizes the profession, gradually the outlook of society, who considers prostitution a despicable occupation, may change. Also, the women in such trade will be given a place in the closely knit Indian society.

The middlemen or ‘Dalaals’ who procure and sell girls for purposes of prostitution are a menace. They sell women like chattels in lieu of commission. Legalization and regulation by government shall mean abolition of the undesirable figure of middlemen.

Prostitutes are highly dependent on police for uninterrupted continuance of their activities. Policemen extort money from brothels and prostitutes to let them work in peace. Any prostitute who refuses the bribe is caught ‘red handed’ and put behind bars for charges like public indecency, public nuisance etc under IPC. Due to such acts of police these women have to face monetary exploitation also. If prostitution is legalized and regulated such exploitation shall come to end.

Due to no effective legislation to curb child trafficking. If prostitution is legalized, brothels indulging in child prostitution could be penalized.This shall put a check a child trafficking and prostitution.

Children of prostitutes cannot expect of a better life. Due to poor life conditions they are bound to enter in the same trade. Regulation of prostitution shall promise a better life for such children.

Present Labour laws do not extend to prostitutes. Though rehabilitation facilities can be made available by the government. If the profession gains a legal status the Labour laws could be extended to prostitutes who are working with brothels.

What does Regulation imply?

Proper registration of prostitutes.

Brothels shall require license to run the business.

Brothels could hire prostitutes and prostitutes would be able to associate themselves with brothel of their choice.

Prostitutes may organize trade unions.

They would have to undergo health checkups mandatorily on regular basis.

Nikita is the Co-Founder and Managing Editor of MightyLaws.in. She is a lawyer/author residing in Delhi. She believes that increasing legal awareness is the key to ensure social justice and simplification of law is the means to achieve it. She writes articles on social and political issues for various platforms in English and Hindi.

MightyLaws is not responsible or liable for the views expressed by the authors. The articles are general information and should not be treated as legal advice. Please read the Disclaimer for further clarifications.

67 Comments → “Why Prostitution should be Legalized and Regulated in India?”

Anirudh Sanyal

8 years ago

actually a very thoughtful topic. a few days earlier my wandering mind pondered this topic " should prostitution, drugs(atleast the commonly used ones) be legalized in india". but this may end up bad, say increase trafficking or forcefull prostitution but on the other hand this may also bring down the counts of rape and other crimes. could same be said for drugs??? atleast in india.. where drugs like marijuana or say bhaang can never be fully prohibited as they have been related to the indian culture. would legalizing these may actually reduce drug trafficking?

anyways … nicely written!!

Nikita Anand

8 years ago

Yes, Something similar (legalization and regulation) can be said about drugs also. In India the sale of Bhaang is regulated (Can only be sold by Government authorized shops.)
Consider the example of Holland where soft drugs are sold to public through cafes! But I believe we need to give our country some 20-30 years and then demand legalization of drugs. The side effects of drugs cannot be over ruled easily. Drugs might lead to decrease in productivity on the account of being 'High'.

Rachana Panthari

8 years ago

Very nicely written…
The government does have a legitimate role to play in the prostitution market. As with all markets, it should ensure that all exchanges are truly voluntary. In short, it should protect the right not to be coerced. Currently, since prostitution is illegal most prostitutes are in a "no-man's-land" as far as physical protection is concerned. They are often beaten and brutalized, with no real legal recourse. They should have the same right to police protection and to legal recourse as all of us.

Nikita Anand

8 years ago

Well said Rachana! It seems as if the prostitutes are not even considered human!

KNN

8 years ago

insightful article, but in general ne progressive step towards abolition of ne social evil needs education more than a legislation…
*education not only by text but also by spirit.

Nikita Anand

8 years ago

Yes, Reform can only be brought about when spirited citizens come forward and educate others about what they are fighting for.

Monika

8 years ago

Just to add to this wonderful article.. even if prostitutes are raped and brutally beaten during the course of their jobs,no FIR is written on their complaint,due to lack of required legislation in this field!!

Udit

8 years ago

Impressive Nikita. Applaudable work
One thing that I felt is debatable is as follows::
Yes you did mention about the cultural part but the bug thaat comes to my mind is Infidelity and Extra-Marital sex which can pose a threat to the Institution of Marrige. Yes, by means of regulation we can regulate and forbid married men to practice but if in the case of un-married men too, there exists societal pressures. Just for instance, if I enjoy such sex, which is exposed as it is legal, it will bring upon me a social hammer too which comes with Negative isolation as well.
If brothels open up wherein we have male prostitutes, ignoring the homosexuality, both of us know the social stigma on the female visitor with regard to her character is bound to arise.
Taken in the case of Pornography which regardless of its legality in some nations remains a secret with no social offensiveness in the society and thereby no immediate negatives.

siddharth nayak

8 years ago

wonderful article ..i must say..well thought of and well written..and regarding the taxation part a survey by bachpan bachao ngo estimate the industry to worth at around 2500 crores…

Nikita

8 years ago

Siddharth, I am really glad that you appreciate. The financial magnitude which you mentioned is indeed staggering. The Government is sure to gain. But prostitution should be developed/promoted as a profession(in every/true sense of the term) otherwise it might give birth to host of other issues.

Rakesh

8 years ago

Very well thought Nikita. I am thinking if govt can allot a small street/buildings in every station to the brothels/pros. like SEZ. But won't you think that even after legalizing it will be controlled by Mafia's/Don's or Ministers as like Builder-lobbies at present.

Nikita Anand

8 years ago

Yes Rakesh.. You may be very right in that regard. But What I feel is that.. Who controls it not the matter of concern (though it may be a concern on a later stage.) rather.. decent, dignified and healthy standard of life of the Sex workers is the priority.

Ruchita

8 years ago

Hi Nikita,

This is the first artcle which I read frm ur blog…aldo I liked ur thought but I am not agree wid this..coz I dont feel after legalizing it u can change the level of work..I know its not a crime..bt its not a very nice work also..trading their bodies doesnot make them marketers…I support ur thought tht these workers shud get a better life..But i really dont think ki legalization is a solution for this…!!!

Nikita Anand

8 years ago

Legalization alone might have disastrous consequences. Regulation is the key!

vaishnavi narayeni

8 years ago

Hi Nikita

your article is excellent…. I really liked it…. Majority of them forced into this profession and moreover they don't have proper medical facility, at least by legalizing prostitution they can get proper medical facilities….rate of trafficking will reduce as it is a shame that our country is destination for women and child trafficked in south asia

Nikita Anand

8 years ago

Very aptly put Vaishnavi. I totally agree.

sajjad inamdar

8 years ago

Hi Nikita,

The Article begins with a Question mark as if it is a necessity for prostitution to be legalized, and there can be no thoughts about banning it.

The necessity is not to legalize, but the necessity is to eradicate it.
“Oldest profession” – Very surprisingly this term is used time and time again for prostitution especially involving females.

Seems to be a sort of brainwashing people so that they don’t even think about stopping this profession as it’s the “OLDEST”.

History is proof that man has never learnt from History as they say, so regardless of the fact that prostitution was prevalent in the old customs and traditions, it does not justify us continuing the same tradition, but to abort it would be a modern vision which is for the betterment of the society, so when we leave old technology, old customs and traditions then why do we stick to this one, just for the sake of the huge amount of money involved in it?

To cite an example as its legalized in Germany where recently some years ago there was a 2 hour waiting line for someone to get a female (of course not for free but there is price tag) during a world cup , do we want to continue the same imitation in India?

Will India be a developed and successful nation only when it makes itself compatible with the standards of the other so called developed nations worldwide?

WE NEED TO SET AN EXAMPLE FOR OTHERS RATHER THAN IMITATION

I am confident that we can do it provided we have the true intention.

The laws are always played with, consider advertising alcohol which is banned in India, so they advertise alcohol but using a secondary product which they manufacture, for e.g. King Fisher Mineral water… 🙂 Almost all who know Vijay Mallya, they know him for Beer” Beer King” They call him.

This all seems to run with the guidance of those law makers who know how to achieve our objective out of a particular law which has been implemented.

If they truly cared about banning alcohol, the other feasible option could have been , banning any product that the company dealing in Alcohol manufactures with the same logo which does not resemble the one used for advertising alcohol , but will they do it ? No as this won’t go down the throat of the law makers, everyone knows it.

So the question is how to stop or deal with the problem of prostitution?

Experts in medicine will always treat the root cause, rather than getting rid of the disease temporarily.
We all know the demand and supply rule right?

So if the demand exist the supply would be there , but if the demand is stopped , the supply will stop eventually , it may sound as being compared to a product , and that is what prostitution makes a women / man, a product a commodity for personal sexual satisfaction.

So if you want a high quality beautiful product you have to pay more, if you want local you will be charged less.
If this is making women or men a commodity, what else?
Therefore making women or men a sexual commodity should be banned in the first place.

It is such an evident hypocrisy on our part that we don’t want our own daughters to be prostitutes but we want someone else’s to be, just because they have been born in the “relevant” circumstances.

I have personally asked many friends young and old, whether you would like to see your daughter as a prostitute or your son to be a “male prostitute”.

The only response I got was, HOW DARE YOU ASK ME THAT QUESTION? and then one of the same individuals a female told me that she wanted prostitution to be legalized because ” they really work hard ” and ” I really feel bad for them ” when asking her would she ever want her daughter to be a prostitute , the quick answer was , NO.

So the point which I want to emphasize here is
” You can’t be a good human being / a good believer in GOD / a Good person who is concerned for the society till the time you think about others in the same way you think about your own selves ” otherwise individualism and materialism does not work good for the society.

Therefore, we know the conscience of people says that prostitution is bad, but we should work on eradicating the root cause, and not on legalizing it, if we legalize we should not be afraid of one of the outcomes that does happen today of men being unfaithful or men enjoying themselves or having extramarital affairs, the same goes for women too.

We should be aware of the consequences of what we make permissible for the society and impermissible as well.
Thinking about legalizing prostitution, there can be no fight on the basis of morality, because what is immoral for someone seems to be a way of life a way of earning bread and butter for the other.

Some are prostitutes because they are poor and because of the circumstances , but the others do the same act that these poor people do but they are glorified , what about those in the film industry who give themselves up for growth , isn’t that a glorified prostitution too?

And I don’t want to limit this to the film industry but extend it to every way of life where the bodies of men and women are traded and used for satisfaction of lust.

” No Society can be termed as a GOOD society them where humans are made products regardless of how developed the world considers a particular society.”
Work on Ending the Demand and the Supply will End Eventually.

Thanks for the post Nikita.

sahil

7 years ago

Rightly said sajjad. i agree with you.

This Article lacks farsightedness.

Adarsh Amol

7 years ago

hello! the kind of research you have did for this matter is highly appreciable, your suggestions to legalisation of prostutes are very realistic and government can consider about it.

Nikita Anand

7 years ago

I am happy that you appreciate Adarsh. Thank you.

Sajjad

7 years ago

Hi Nikita,

It such an evident hypocrisy on part of those people who want to legalize prostitution , when they can’t think about their own selves in that state.

Our Goal should be to work for humanity where everyone has the same rights and not the case where one is having pleasure at the same time the other has to sell his or her body , his soul and then , is brainwashed to think that its just a normal thing or personal choice or “freedom” and its just in the mind , so nothing remains bad to be condemned , but everything is just a perception which people have , truly this is humanity headed in the wrong direction.

Also Nikita,
With regards to what you have said above that “Male prostitution is not recognized in the law though it is quite prevalent.”

This is nothing but an example of the flaws in the laws which come from a male dominated mindset , where when a mad does it he is called as a STUD and when a woman does it she is referred to as a BIT*H.

I totally believe that if condemnation has to be there then the act has to be condemned regardless of sex.

Our Goals should be high, such that they cure the root cause and not temporary solutions , this leads to more complexities in the problem and there is no solution just problem upon problem.

Let us have the courage today to at least say NO to prostitution.

Sudipta Ranjan

7 years ago

Dear Nikita, Well written and well thought of. But I had certain question?

1. Can a girl adopt this professsion willfully or there are certain reasons behind? It may be poverty, force, immorality, circumstances, oppression etc.

2. If legalized, we are making human being an object. Which can be purchased. Is it right?

3. Do you think legalizing will stop women trafficking? Will the women get their dignity back? Never. Can a family think of bringing a prostitute as a bride ever?

4. I think, though it be legalized, it will just be a wrapper over a huge injury which is not healed.

5. Let us (including govt) help those women to come back to the main stream, leaving their old job, give them education and training and help them to do a job which satisfies them. A prostitute will never be happy by doing the act which deals not only her body, but her inner being which she has choosen due to certain reason.

Let us give them their life.

Nikita Anand

7 years ago

Dear Sudipta,
1. Yes, I agree that there are certain reasons behind adopting this profession.
2. If legalized it won’t imply that the person becomes an object rather it means that the services can be purchased.
3. Speaking of dignity.. it will take time to change the rigid mind set of people. But we were successful in doing it when it came to widow remarriage right? Similarly, It may take decades to dignify the profession but a time will come when they will join the mainstream.
4. When an injury is not being healed naturally one needs to apply some ointment. Here, regulating the profession is the ointment.
5. I agree with you that efforts can be made for those who wish to leave that profession.. but for those who don’t want to.. legalization and regulation is the solution.

rashmi shukla

7 years ago

hey nikita,
i must say your article is very nice the points you have came up with are appreciable , even though there are some points to argue upon like why not total ban on it?
but to be realistic i don’t think it’s possible to put a total ban on these kind of activities…
so if not to the totally white side why not take a grey area and at least provide these women with every basic need a person is in need of and let them have a life of dignity…
but yeah i think government should make sure that no women is entering the profession forcefully as one of the writer said that there are various other reasons like poverty , i would say lets not get orthodox and think like this , what if the women wants to earn some easy money and take her life in a better direction (which is not possible in the present scenario) then who are we to say that it’s not right every major person has the right to choose what they want to do or what they don’t want to so we are just trying to make sure that no one has to do something like this forcefully and those who want to do it should get a life like a normal citizen.
and once again nikita commendable article 🙂

Sonu

7 years ago

Hi Nikita,

Very nicely written and quite articulate on your points. Let me tell you my personal experience. I live in Pune, I just picked up Times of India and saw escort services advertisement. I just picked up my phone and called them one by one. me:”ladki chahiye” He: “Milegi sir” , Me: “full night ke liye chahiye”, He: “bilkul sir, ho jayega koi prob nahi”..Me: “rate kitne se shuru hai” He:”15,000 model ka, 12,000 air hostess ka, 8,000 college girls ka” Me:”dekhne ke liye kaha aa sakta hoon” and he told me the address of HOtels where I go to once in a month to enjoy myself a good meal. This is prostitution and So much organized.

But without registration, what they are loosing is dignity. I truly agree with you. The prostitution must be legal. I konw that out of 15,000 only 3 4 thousand goes to the poor girl which is very unfair and she would never be able to have enough money to get out of all this.

Nikita Anand

7 years ago

Sir, I am astounded. Writing the article was one thing and but getting to know ground reality is very different. I never imagined that the organization of prostitution could be that efficient. If it is legalized those poor girls will be able to demand their own hard earned money. They will be able to operate independently without being exploited by middlemen.

karthik

7 years ago

hi nikita,
first i would like to appreciate u to select such an interesting as well as risky topic.
After reading ur article i just got a thought that in society everytihng thing should be there for its proper and efficient functioning……….. just like if we own a house v look for bedroom,kitchen, drawing room, bathroom……. suppose bathroom is not built properly everyother part of the house will be in bad condition………… just gave an example……
anyways once again i apperciate u and all the best for ur future endeavours……..byeeeeeee

Nikita Anand

7 years ago

Hi Karthik,
Thanks for the appreciation. Your point is not exactly clear. Can you please elaborate it a little more?

Vikas

7 years ago

Hi Nikita,

wonderful article …But i have a question…

After legalizing it , if with time , it becomes a full flourished business then what will stop this young generation of ours to jump into this business ? ( As what matters to today’s generation is just money)

Nikita Anand

7 years ago

Vikas, If the profession gets social and legal approval it won’t be a stigma. The article is about bringing the women in the profession to the main stream. If in future it flourishes as an industry and some youngsters want to join it, they can. What is the problem? It will become a part of entertainment industry.
Decades ago, we had negative attitude towards girls working in film industry. Parents denounced them and relatives criticized them with full might. They were shunned from the society. But what is the scenario today? Parents are ready to do anything to see their kid acting in the movies and TV. Its all about social acceptance and mindset.

piyush

7 years ago

abolutely rightly said Vikas bhai.

karthik

7 years ago

hi nikita……… i just compared bathroom with prostitution in my example ……plz go through it once again……. i guess u will get it now….if u dont get it plz let me know i ll try my level best to explain u……

siddharth

7 years ago

very well written mam,prostitutes are not able to bring a suit,or complain against their middle man or customer,jus because their profession is considered as a social taboo. If you find aa book by gandhi in somebody’s palce,it does nt make him a Gandhian,same way ppl just follow these traditions and morals like driven cattles,but they themselves cannot apply these morals in lives,but always preach about them.
Very nicely written mam.

Sahil Ahmad (JMI, Delhi)

7 years ago

what about case laws,in one case supreme court said that their is an offence of rape, even if a women is of easy virtue.
what we need is police reform(that’s another issue, i know). And propose new legislation that would make it a criminal offence ‘to pay’ to have sex with someone who is “controlled for another person’s gain”.
As simple as that.And yes i believe prostitution can be eradicated from our society. Individual prostitution would alwz be their but organized prostitution poses all the problem. see the situation in UK, now they are terrified by whats emerging out of legalized prostitution. Girl trafficking has increased and hazardous result have surfaced in their society.
their is no doubt prostitutes have human rights. Prostitution is not the last profession left on this planet and if they are forced into it then that’s the area of concern(legalise it or not it will be their).Thus the demand is the prime problem we are facing today. It should be crushed with the legislation abovementioned.

thanks for your attention.

Hati

7 years ago

There is a line in the article which unfortunately is scientifically wrong. The writer writes:

”Legalizing prostitution shall be a primary channel to vent out the sexual energies of men who otherwise content themselves by means of rape and other sexual violations of women in their vicinity.”

This is called the catharsis theory and has never scientifically proven to be right. I quote:

”There is no evidence supporting the theory that prostitution prevents rape. Rape rate statistics
from the U.S. raise the possibility that there may even be a positive association between legal prostitution in Nevada and higher rape rates in that state. The Nevada rate of rape was higher than the U.S. average and it was significantly higher than rates of rape in several more populous
U.S. states – California, New York and New Jersey. Official rape rates in Las Vegas and Reno, Nevada, were significantly higher than rape rates in other U.S. tourist destinations such as New York, Los Angeles, and San Francisco, where prostitution is not legalised.”
”Some social scientists define the purchase of women in prostitution as normal, maintaining that men’s prostitution behaviour is simply part of human nature. This definition of
normalcy is then reflected in public policy that defines prostitution as a form of labour (sex work) where prostitution is considered an unpleasant job but not different from other kinds of unpleasant jobs, like factory work. From this perspective prostituted women are viewed as
“simply another category of workers with special problems and needs” (Bullough & Bullough, 1996). The notion that prostitution is work tends to make its harm invisible.”

I am from Amsterdam, the Netherlands. Legalizing prostitution did not benefit the illegal ones trafficked from other countries since they were even more hidden from the police than before the legalization. The reasons written in the article seem very true, but please look into those places where it is legalized and learn from it before legalizing for the same reasons.

atit

7 years ago

I do support this… this will curb all false cases against men..

saurav singh

7 years ago

Dear nikita
first i would like to thank u for writing such a mind blowing article. In our country dere is immense need of for legalising prostitution otherwise the condition of specially rural women cannot be changed. dey are always treated as a shoe of men.i really appreciate ur efforts towards uplifting d conditions of prostitues

Nikita Anand

7 years ago

Dear Saurav,
Thank you for the comment. I am happy that your thoughts on the issue match mine. There are many out there who would oppose this without giving a thought to those poor women.

satyam22

7 years ago

very well written article and the facts are clear in the article, main point is that legalizing prostitute will benifite if it is implemented in the right way , first of all the registration and i card issuing for the proof of identity is necessary, secondry the selling the body right must be only the hand of the individual, who is selling and he must the right whom tosell , and no police intervention must be there and if an client abuses the prositute or not pay her the money she can launch legal actions against him ant earning must belike another trade and it must be taxable

Nikita Anand

7 years ago

You are right Satyam. A proper system must be put in place before we legalize prostitution otherwise things will become worse instead of better.

Rajesh

7 years ago

Sex work should be recognised as a genuine profession as soon as possible.

Let me give some impression:

– All of us have a right to work and make our living with or without sex.
– This profession is not as bad as people think (whats bad in it. Actually it gives chance to two bodies come together and love).
– Because of this being illegal, a sex shop can not be established. Whats wrong if I can go and relax with a girl. This will give her a living and I would be have little relaxation.

– Police and Others goons (in disguise) harass, exploit the girls and sometimes the common people (if they are sitting and smooching each other). These are the people who love it most.

– The pimps make most of it. Look how painful is this. Somebody is selling her body and this fellow is making money free. But no option, she has to get exploited. Fact is these gooons create bad image, and customer dont come because of these goons.

– Sex shops should be allowed as any other shop live cloths, food etc. This will help them a lot and slowly it will become part of life (as its part of body). We stop hating them, but we would find them part of us. Just anohter worker.

– We should be able to learn that sex is integral part of life and our body. We are just because of it. it can not be wrong. If sex was wrong, we and all our parents are wrong.

– When we can have sex at home why not in the market (in a shop).

– When selling / buying a girl is allowed in society in the name of marriage (dowry), sex is better option if someone does not want to marry.

– Lets not judge them. We can not judge anybody unless we are in their position. Just give them freedom. They know whats better for them.

– When we can see sex all around on internet, cds/dvds / movies and hidden rooms, whats harming us from just accepting it.

I think its time to do justice to those girls, their families.

Thanks for this post.

Sudipta Ranjan

7 years ago

Its great to read all the comments and also respect the thinkings too. But one point I want to mention here is – Why these arguments going on? Whether it is right or wrong !! Whether it is good or bad etc.

One thing we need to see before taking any decision or coming into any conclusion. Human being is gifted by a precious thing within, that is – conscience. Conscience talks about what is right or wrong. That shows us the path. It enlightens our thoughts. The first thought which comes in our mind is the voice of the conscience. When we start justifying it, it is our lust, our desire, our want which is influenced due to various reasons and factors.

We always know that extra-marital, pre-marital relationships which includes mental, physical, emotional relationships are not accepted. This includes we don’t accept or the law (Original) doesn’t accept. It’s the conscience which have spoke to us. Now when we try to justify it – it is something different.

We may make law or legalise sex – but we know somewhere in our inner part of our heart that it is WRONG. And WRONG can never become RIGHT.

We know that the people who seek sex outside the boundary of family, are either mentally sick or have a strong sexual desire which he is not able to control. Its like beasts (like dogs and cats) without any thinking ability who indulge in that.

People like us only created a section who are forced to sell their body for a meagre amount of money. Even we pay crores, a girl’s dignity is most precious to her. If she is selling it for money, again it is of lust, greed and lack of morality.

Let’s not argue over this issue but rather see that not a single girl (may be our sister, wife, mother) forced into this short of professsion which our conscience will never accept though it be legalised, accepted or whatever.

Due to this only deadly diseases like “AIDS” and “STD” has cropped up.

Let us dream to see a world which is HEALTHY & BEAUTIFUL and where everybody care for each other so that not a single person will be going into such situation.

Regards

Hitesh

7 years ago

yes…i am completely agree with nikita..because today, when it is not legalized…it prevails in society…daily you can see in the newspaper regarding prostituion..the people indulged in such practices will be indulged always..they are not concerned whether it is legal or not..so better to legalize such thing and another point is..they use their own body..i think it is a democratic country..everyone has right to life…right to enjoy life in their way…what is need of such a provision…if it is, on the basis of morality..then i would like to say…morals also differ from person to person..i know…some peoe lple may not agree with this..but it is..what morality means to me may not means to you…my third supporting statement is as nikita said…prostitutes and their children will get their rights in the society…as like other human beings…

on one side we are adopting modern culture…we say..we are entering in the era og globalization…guys please refer Canada, wales, england, denmark, brazil, israel..n if someone dont know about Sonagachi and Kamathipura…they are the largest red alerts areas in India…in a year..almost 800 prostitutes suffer from AIDS in kamathipura, Mumbai…guys…this is reality…

Nikita Anand

7 years ago

Dear Hitesh,
The points you have put across are pretty valid. The number of prostitutes suffering from AIDS in a single area is astonishing. Legalization would be able get these girls health facilities and stop the disease from spreading further.

Adi

7 years ago

i am agree with this …. Legalise this as soon as possible . I will be helpfull for all speally those who are engage in this job ………….

Rukma Chary

7 years ago

Dear Nikita Anand,
The article is brilliantly written. However, I would like to add something more. Maybe you can term it as reality..Being a law student and associated with NGOs supporting innocent husbands facing false cases filed by wife I am of the opinion, that legalizing prostitution will eventually avoid many matrimonial disputes. Intention or objective of MARRIAGE of most of the men in this techno modern times is only SEX. Because this is the only thing which is not possible other than your partner. Once sexual pleasures are met most of the couple want to part ways. most of the time husbands are the receiving end as we all know LAW favors wife. Many husband who visit our NGO are so disgusted that they started treating “MARRIAGE” is a new form LEgal prostitution..wife files false cases and harasses husbands and only let live them in return of heavy financial package…if prostitution is legalized for both men and women, it will eventually benefit both the sex. In the current times, marriage is any lost it’s values and will only ruining many men’s lives, making prostitution will make things much simpler for everyone. Law should not be static and should compliment the changing times..I support legalizing prostitution for both male and female.
P.R.C
Bangalore

Ian

7 years ago

prostitution is a “profession”? Do you call them “sexual service professionals” now? wow.
I firmly disagree with you on this topic.
Why you are not answering Hati and Sajjad who are making valid points?
sajjad: The necessity is not to legalize, but the necessity is to eradicate it.
even if we make it legal, do you think we’d be able to accept them?
1.as Hati posted, this catharsis theory is not right.
2. prostitution is prevalent yet many women get raped.
3. sex is natural and that’s how it should be. I wonder how many whores voluntarily offer themselves. that’s why I see prostitution as a result of dysfunctional monetary system. (reminds me of Bill Hicks- stop putting $ sign on everything)
4.talking about AIDS, it is mostly caused due to carelessness.
5.Tax money: haven’t we stalked up too much tax money in swiss bank?
6. in current scenario, prostitution is still legal (the 6 points that you mentioned leaves enough opportunity for anyone to f*** for money. it just orders that you cant form organisations, unions etc.) we failed to implement these laws.
i learnt a lot from your article. good compilation. I just disagree with your opinion.

Shihab Khan

6 years ago

Nicely written. You’ve put up some strong arguments in favour of legalizing prostitutions. However I have some questions/discontents.

1. Your post begins with the statement, ‘The truth that the elimination of prostitution is not possible was even recognized by the Supreme Court of India’. I think lawmakers should avoid such a defeatist mentality. The purpose of law is to stop corruption from spreading. Wiping out crime would always remain a pipe dream. Each year crime shows a steady increase. You wouldn’t use this argument in favour of repealing some other such law won’t you?

2. Another contention is that regulation of sex work industry would be good for the prostitutes and would minimize girl trafficking etc. I doubt this. You have mentioned that at present organized sex industry is prohibited. If we were to legalize it, it means more money, more power, the stakes are raised even higher and it becomes a flourishing business. How can we say that with even bigger players coming in this market would reduce the crimes associated with it?

3. If a woman is hell bent on making money by selling her body, she can still do it without being a part of any sex organization. No need to legalize the whole industry for it.

4. AIDS awareness campaigns donot exclude sex workers and this information can be given to them without legalizing organized prostitution too.

5. Even if we legalize organized prostitution, the argument that the illegal brothels etc would vanish doesn’t hold much weight. In USA, illegal gambling dens flourish despite the legal status of Gambling.

6. Regarding that sexual energies contention, men already have a lot of means of venting out that energy and this includes prostitutes too.

7. There is a lack of credible evidence/research by sociologists which proves that legalizing prostitution can reduce crime related to women/prostitutes. Many sociologists contest the otherwise. Such a step cannot be taken whimsically and without careful professional thought.

8. Certain anathemas might be good for the society esp things which are prohibited by law. It would be a risky social engineering move to make people accustomed to prostitution by presuming that legalizing organized prostitution would be able to do that successfully. People certainly won’t start ‘respecting’ sex workers.

Nikita Anand

6 years ago

1. Its not Defeatist mentality but Practicality. The magnitude of organized prostitution and the atrocities on these women are both unimaginable.

2. When the industry gets legalized, there would be laws binding the players..big or small. They would be answerable for their deeds and actions. The girls would also have legally enforceable rights.

3. They are called sex workers and unorganized prostitution on individual level is legalized in India. But what about those thousands who have already been sucked into the torturous web of illegal organized prostitution and have no respite?

4. On the risk of being bold..I am forced to ask this question..Do you actually think that a prostitute who is selling her body for measly 200 bucks, would be able to force her client to use protection? Would she not be punished by her pimp and other superiors for such ‘seemingly’ demands? If legalized..the government can actually make the use of protection mandatory.

5. there is no law in the world which promises 100% eradication of crime. But If there are only few illegal brothels among hundreds legalized ones..it would be easier to pinpoint and shut them down.

6. I don’t think I am the best person answer that contention. A psychologist would to a better job.

7. Be assured. If such huge step is actually taken by the legislature, the NGOs would make sure the there a no loop holes in the legislation.

8. 25 years ago, parents disowned their daughters who were pursuing their careers as an actor or a model. Today, parents are dying to see their daughters perform an item song! Change of mentality over the period of time..right?

satish

6 years ago

May be in days to come we will have degree in universities like bachelor of Atrs (Prositution)

MBA specialisation in Brothel management
try to eradicate not legalise that we do not accpcet for self

will any of us want our children do do such course

9

Sasmita

6 years ago

“Legalizing prostitution shall be a primary channel to vent out the sexual energies of men who otherwise content themselves by means of rape and other sexual violations of women in their vicinity”….. does this logic support claims like…. a person in need of a KIDNEY may purchase it from an apparently willing seller who may be a stranger? OR like since adolescents have a natural appetite for sexual pleasure should preferably be vented out?

i believe every sexual organism has sexual energy and all do quench that. Nature is not awaiting for us to build special mechanism to channel this energy.

Sasmita

6 years ago

HIV AIDS reports have disproved apprehensions over last 20 years (3 NACPs). Prevalence gas significantly gone down among sex workers. Awareness level has reached a level among the female sex workers. Salute to NACO and Other partners. this has happened without waiting for legalization of prostitution.

At least now the propaganda should spare the excuse of HIV AIDS.

Seema

6 years ago

Sumtimes accepting reality is better than talking about idelistic situations.I too, once upon a time, was against legalisation of prostitution, but….can we escape the reality? Prostitution has not only survived centuries but also flourised in today’s world in far more worse ways.
People having a blessed life cannot imagine the degree of physical molestation, emotional hardship and the gleam future of the prostitutes( no source of income, no medical aid, no home, no food, no basic facilities (forget better life)for children, etc ).
Support them if not respect them as hard-working people.

Seema

6 years ago

Btw….just like prostitutes….the 3rd gender too must be considered human. I am surprised dat inspite of so much of education(?) we still are comfortable treating them like waste. Why are we still unable to come to terms with the fact that they are as human as us. Hve ny1 given a thot to..what is der source of income? Begging? Prostitution?
I really feel bad for the life(?)they are forced to live.
Dey are not harmful…nor useless. Dey are just physically different.

shyam

6 years ago

Prostitution should be legalised.otherwise people will do illegal sex like child rape or something. if it legalised, no one get thirst about it.

krishna

6 years ago

Thus either India shall legalize prostitution which is the most suitable step that can be taken or shall make such deterrent laws as to curve up the problem of prostitution. Laws should not be such as to just remove the prostitutes but also to change the mentality of people who are interested in paid sex by punishing them in such a manner that people of same mentality will dare to indulge themselves in similar activities.

Chandra

6 years ago

Hope you have time to go through my views:

Prostitutes can easily be compared to the “untouchables” of our society. While we had smart politicians who had the foresight trying to bring the so calld “untouchables” to mainstream by providing reservations etc., how many of us are willing to talk to the prostitutes openly? Just talk. They need help, they need guidance, support bla bla bla…
We just do not acknowledge that they are living with us in the same country and that they are also human beings.

My point is simple:
1.Do not punish them irrespective of what they do. Police and people around them take them for a ride. Rubbish. Enough of this for our society.
2.Talk to them, bring them to TV shows as prostitutes, let them tell their stories without fear. Let them talk about their problems, health or otherwise. I mean it. Recognizing them as prostitutes is still better than ignoring them as human beings. I am sure they will come out. It is only a matter of time and effort before they do.
3.Do not make a new law. No need. Making laws that can not be implemented shows the governance in poor light.
4.We have many laws regarding rape. Still people are out in the streets recently. Does it give us a clue of where we lack. It took humongous effort from the public to move the government/justice system to look at rape as anti social.
5.If prostitution is anti social, why there was no law as of now? What is permitted outside the city is not permitted within the city, why? What does 200yards mean to make such a big difference?

We are not a matured society as yet. So let us postpone this discussion and look at them as objects which have a heart and mind too.

Let me throw this as a challenge to the media which thrives on the notion that they are solving all the problems of common man where the governments have miserably failed.

Agam

6 years ago

Evaluating all the pros and cons of the matter…i do think prostitution should be legalised…if it would have been legalaized earlier….the rape case which left india stunned last month would have most probably not happened…and this will give all those fucking ragamuffins an oportunity and they will abandon their activities!

mahima

5 years ago

if u want a better option to think for prostitutes than bring them to stand parallel to the society. they should get marry like any other girl in the world. they should have home, with mother father and a husband to love. not many to use and throw.
to eradicate this evil better option is to stop this business from the root not to make it legalise.
at present this is like a fashion to have sex with the sex workers but after some time the youth will be the sufferer when they will suffer from the uncured disease. then where the legalisation will help them.

mahima

5 years ago

prostitution is not the oldest profession in world

…slavery and forced prostitution are! I am tired of hearing people say all of the time that prostitution is the oldest profession on earth because it’s simply not true. There have been some very atrocious and disgusting situations going back a very long time which have forced women into prostitution as a last resort to either stay alive or feed their children. However you can comb the history books all you’d like and you’d be hard pressed to find one (let alone two) instances of women becoming prostitutes on their own free will without being forced or coerced by men. We need to stop prostitution and we need to stop the myths about prostitution.
I have done my best to go over some of the main points on why prostitution is morally wrong and needs to be eradicated from modern society. If we all take a moment to look deep down in our hearts and think about the women who are in prostitution and ask ourselves what it must be like for them, their reasons for doing so, I think we can all agree that these women need our help and guidance. We know prostitution is wrong and therefor it is our moral obligation to do everything we can to eradicate prostitution from our society.

mahima

5 years ago

Steps that should be taken in order to fight with prostitution:
# Formal education should be made available to those victims who are still within the school going age, while non-formal education should be made accessible to adults
# The Central and State Governments in partnership with non-governmental organizations should provide gender sensitive market driven vocational training to all those rescued victims who are not interested in education
# Rehabilitation and reintegration of rescued victims being a long-term Recruitment of adequate number of trained counsellors and social workers in institutions/homes run by the government independently or in collaboration with non-governmental organizations
# Awareness generation and legal literacy on economic rights, particularly for women and adolescent girls should be taken up.
# Adequate publicity, through print and electronic media including child lines and women help lines about the problem of those who have been forced into prostitution.
# Culturally sanctioned practices like the system of devadasis, jogins, bhavins, etc. which provides a pretext for prostitution should be addressed suitably.

Heena

5 years ago

This prostitution is eating the society vigorously and this evil should be uprooted from our society at any cost.Many poor unfortunate sex workers who are forcefully thrown into this business are leading a hellish life.Female sex workers who are afflicted with HIV or other venereal diseases are taken care by no one.Do you really think after legalization Govt would give them treatment or will open up hospital for them..Who will take care of them in old age.That will be stigma on our society.

May be this is world’s most ancient profession will any father allow his daughter to go into this profession.
Now its time for all Indians to stand up and make efforts to uproot this evil.society must not give up until a beginning is made.

Yashan

5 years ago

Whenever we talk about prostitution why girls are only victim, why not boys? If anyone is in favour of legalizing sex work then boys sex workers must be put ahead. Girls are not beast you can just buy them, sale them and can throw them for sex works. It seems humanity is diminished. Who want to legalize the prostitution they themselves and their sons and daughters must be thrown into this hell. Then they have right to legalize it. Answer who want to indulge themselves and their families into such disrespected deed.

pooja

5 years ago

if prostitution will be legalized then who will save the girls from this hell. Any girl can be picked by someone and thrown to this market for the money. then how we all will be save from this hell . I think all girls want to spenf their life with family and society. it is right of every body . When we all want that our sisters , daughters should be safe and happy then why we are considering for them to make their different society . because somewhere we are thinking to have safe and calm environment but it is not possible by legalising this prostitutions

pooja

5 years ago

it should not be legalised if we want to save our sisters and mothers from this devil because if it will be legalised then all sex workers will start this crime openly on it . so plz think for it if you have sisters and family too.

neeru

5 years ago

legalisation of prostitution means to throw your youth in a well. What will befuture of our prostitutes girls. after a certain age they will suffer from HIV. then who will be care for them. Can any boy will help about such girls ? can the men who enjoyed will provide foodto that girl ? Not at all, India is a religion country. We all have to follow our customs . Is any religion permitted to spoil of anybody’slife. Then why our government want to spoil its future. Can u think if it will legalised any girl of that society will try to search for a job or to be educated. Not at all , they will join the same group. our young generation will never go for country love but sure they will present on such places. Night they will enjoy and morning they will sleep . Who will work for nation. Blind law should think and then take any decision.

neeru

5 years ago

why r u watching only one side of a coin. Rape will be less but HIV , AiDS and hygenic disease will spread .Still its not legalised althoug girls are beingkidnapped and throwing for this work but it will legalised who will be responsible for it. Not even a single respected family’s girls will safe. Are u ready to do marry with such girl. Never so think about that girl ,her family , now in need of money she is doing wrong work but after wards who will be her companion.